1854: 17 & 18 Victoria c.60: Amending Cruelty to Animals Act

1854: 17 & 18 Victoria c.60: An Act to amend an Act of the Twelfth and Thirteenth Years of Her present Majesty for the more effectual Prevention of Cruelty to Animals.

[31st July 1854.]

WHEREAS by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the several Laws relating to the cruel and improper Treatment of Animals, and the Mischiefs arising from the driving of Cattle, and to make other Provisions in regard thereto, every Person impounding any Horse, Ass, or other Cattle or Animal was required to supply such Cattle or Animal daily with good and sufficient Food and Nourishment whilst impounded; and by the said Act every such Person who should so find, provide, and supply any such Horse, Ass, or other Cattle or Animal with such daily Food and Nourishment as aforesaid should and might and they were thereby authorized to recover of and from the Owner or Owners of such Cattle or Animal not exceeding double the full Value of the Food and Nourishment so supplied to such Cattle or Animal, by proceeding before any One Justice of the Peace within whose Jurisdiction such Cattle or Animal should have been so impounded and supplied with Food as aforesaid, in like Manner as any Penalty or Forfeiture, or any Damage or Injury might be recovered under and by virtue of any of the Powers or Authorities in the said Act contained, and which Value of the Food and Nourishment so to be supplied as aforesaid such Justice was thereby fully authorized and empowered to ascertain, determine, and enforce as aforesaid; and every Person who should have so supplied such Food and Nourishment as aforesaid should be at liberty, if he should so think fit, instead of proceeding for the Recovery of the Value thereof as last aforesaid, after the Expiration of Seven clear Days from the Time of impounding the same, to sell any such Horse, Ass, or other Cattle or Animal openly at any public Market (after having given Three Days public printed Notice thereof) for the most Money that could be got for the same, and to apply the Produce in discharge of the Value of such Food and Nourishment so supplied as aforesaid and the Expenses of and attending such Sale, rendering the Overplus (if any) to the Owner of such Cattle or Animal; and any such Persons as aforesaid neglecting or refusing to supply such Cattle or Animal with such Food as aforesaid were made liable to certain Penalties: And whereas by an Act passed in the Session of Parliament holden in the Twelfth and Thirteenth Years of Her present Majesty, intituled An Act for the more effectual Prevention of Cruelty to Animals, the said first recited Act and a certain other Act extending the Provisions of the same to Ireland were repealed; and by the said Act of the Twelfth and Thirteenth Years of Her Majesty it was enacted, that every Person who should impound or confine, or cause to be impounded or confined, in any Pound or Receptacle of the like Nature, any Animal, should provide and supply during such Confinement a sufficient Quantity of fit and wholesome Food and Water to such Animal, and every such Person who should refuse or neglect to provide and supply such Animal with such Food and Water as aforesaid should, for every such Offence, forfeit and pay a Penalty of Twenty Shillings; and Power is thereby given in case of Neglect for a certain Time to supply such Food and Water for any Person to supply the same, and the reasonable Cost of such Food and Water is to be paid by the Owner of such Animal before such Animal is removed to the Person who shall supply the same, and the said Costs may be recovered in like Manner as therein provided for the Recovery of Penalties under the said Act: And whereas it is doubtful whether the last-recited Act gives any Remedy to the Person impounding for the Recovery of a Compensation for the Food and Water provided for any Animal, and no Power is given to sell the Animal, although full Provisions for those Purposes were contained in the said first-recited Act: Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I. Every Person who since the passing of the said Act of the Twelfth and Thirteenth Years of Her Majesty has impounded or confined, or hereafter shall impound or confine as in the said Act mentioned, any Animal, and had provided and supplied or shall hereafter provide and supply such Animal with Food and Water as therein mentioned, shall and may and he is hereby authorized to recover of and from the Owner or Owners of such Animal not exceeding double the Value of the Food and Water already or hereafter to be supplied to such Animal, in the like Manner as is by the said last-mentioned Act; and every Person who has supplied or shall hereafter supply such Food and Water shall be at liberty, if he shall so think fit, instead of proceeding for the Recovery of the Value thereof as last aforesaid, after the Expiration of Seven clear Days from the Time of impounding the same to sell any such Animal openly at any public Market (after having given Three Days public printed Notice thereof) for the most Money that can be got for the same, and to apply the Produce in discharge of the Value of such Food and Water so supplied as aforesaid and the Expenses of and attending such Sale, rendering the Overplus (if any) to the Owner of such Animal.

II. ‘And whereas by an Act passed in the Second and Third Years of Her present Majesty it was enacted, under a Penalty, that Dogs should not be used for Purposes of Draught within the Metropolitan Police District, and it is desirable that such Enactment should be extended to all Parts of the United Kingdom;’ Be it enacted, That any Person who shall, from and after the First Day of January One thousand eight hundred and fifty-five, on any public Highway in any Park of the United Kingdom, use any Dog for the Purpose of drawing or helping to draw any Car, Carriage, Truck, or Barrow, shall forfeit and pay a Penalty not exceeding Forty Shillings for the First Offence, and not exceeding Five Pounds for the Second and every subsequent Offence, such Penalties to be recovered in like Manner as is provided for the Recovery of Penalties under the Act of the Twelfth and Thirteenth Years of Her said Majesty.

III. The Words and Expressions to which a Meaning is affixed by the said Act of the Twelfth and Thirteenth Years of Her Majesty, and which are introduced into this Act, shall have the same Meaning in this Act, and the Word Animal shall in the said Act and in this Act mean any domestic Animal, whether of the Kind or Species particularly enumerated in Clause Twenty-nine of the said Act, or of any other Kind or Species whatever, and whether a Quadruped or not.

Source: Animal Rights History via Internet Archive, checked against A Collection of the Public General Statutes, 1854.